Observations of the legal scene from the Cornhusker State, home of Roscoe Pound and Justice Clarence Thomas' in-laws, and beyond.

Thursday, May 10, 2007

Follow up: Lets call this "Danielle's Law." Legislature moves to eliminate loophole for repeat drunk drivers who refuse alcohol tests to avoid enhanced penalties. Journalstar.com
Last year the Legislature created stiffer penalties for repeat drunken driving offenders with very high blood alcohol content levels. But senators didn’t make changes to the penalties for refusal to take the test. So repeat offenders who refuse to take the test cannot be charged with the stricter high-BAC charge, but face the lower penalty. Senators gave first-round approval Wednesday to a measure (LB578) that treats repeat offenders who refuse to take the test that measures the level of alcohol in the blood the same as those who take the BAC and have a high blood alcohol content